The guilt of omissive conduct in the practice of medicine

Resistances. Journal of the Philosophy of History 4 (8):e230127 (2023)
  Copy   BIBTEX

Abstract

The research is developed with the use of deductive and descriptive analytical methods used to obtain information on doctrine and jurisprudence and to establish and describe specific situations in the field of Ecuadorian Medical Law respectively. The main objective is to provide scientific and doctrinal tools to understand guilt in cases of omissive conduct in Ecuadorian medical practice, as well as its comparison with other countries such as Colombia, Mexico, Cuba and Argentina, the results of the research show that the doctrine in the relationship to the categories of Omission, Guilt, Guarantor Position and Permitted Risk is broad and is based on scientific-doctrinal advances of the Normative Conception of Guilt comprised between 1995 and 2022. To establish useful criteria and conclusions, the discussion focuses on defining what is considered “guilty” in the context of Medical Law, highlighting the importance of elements such as the objective duty, the harmful result and the analysis of the concomitant circumstances, emphasizing the importance of considering the context and development of the facts in cases of omissive conduct in medicine and not only the result. In relation to omissions in criminal law, a distinction is made between proper and improper and finally, it concludes by suggesting the modification of article 146 of the Organic Integral Criminal Code to guarantee due process and a effective judicial protection in matters related to health in Ecuador, specifically with regard to causality in cases of omissive conduct.

Other Versions

No versions found

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 103,343

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

Norms and the meaning of omissive enabling conditions.Paul Henne, Paul Bello, Sangeet Khemlani & Felipe De Brigard - 2019 - Proceedings of the 41st Annual Conference of the Cognitive Science Society 41.
Moore and Schaffer on the Ontology of Omissions.David Hommen - 2014 - Journal for General Philosophy of Science / Zeitschrift für Allgemeine Wissenschaftstheorie 45 (1):71-89.
Ethical practice in everyday health care.E. R. Walrond - 2005 - Kingston, Jamaica: University of the West Indies Press.
On Evidence, Medical and Legal.Donald W. Miller & Clifford Miller - 2005 - Journal of American Physicians and Surgeons 10 (3):70-75.
Omissive Implicature.Eric Swanson - 2017 - Philosophical Topics 45 (2):117-137.
On integral theory: an exercise in dialectical critical realism.Iskra Nunez - 2023 - Journal of Critical Realism 22 (3):431-444.
Improper performance of professional duties by medical and pharmaceutical professionals: Current status and problems of counteraction.A. Vozniuk & M. Hryha - 2024 - Философия И Гуманитарные Науки В Информационном Обществе 14 (2):9-19.

Analytics

Added to PP
2023-09-18

Downloads
16 (#1,236,832)

6 months
3 (#1,061,821)

Historical graph of downloads
How can I increase my downloads?

Citations of this work

No citations found.

Add more citations

References found in this work

No references found.

Add more references